A financial agreement is a written agreement between two or more people that covers one, or more, of the following:
A financial agreement is commonly referred to as a pre-nuptial or post-nuptial agreement, and it is this terminology that most are familiar with.
There are various types of financial agreements. A financial agreement can be entered into:
There are a range of pre-requisites which must be complied with by both parties to any financial agreement, to ensure that the financial agreement is binding.
Financial agreements and their enforceability are a complex area of family law and the legislative framework in relation to financial agreements, has been a consistently changing area of law in recent times.
Australian law mandates that both parties entering into a financial agreement obtain independent legal advice. In fact, Australian Law requires that both parties receive independent legal advice and the legal practitioners providing that advice sign a Certificate to confirm same.
If you are seeking advice about a financial agreement, we recommend you do so from an accredited family law specialist.
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Our Directors, Denby Kerr and Amy Fels, are Accredited Family Law Specialists, formally recognised by the Law Society of Western Australia as having a high level of competency in the field of family law.